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It isn't illegal to scan for wireless networks. You're not trespassing into another persons property, when scanning.
Please check your states computer laws here.
In most states, yes.
If it isn't illegal in your state, it is still unethical, in many peoples opinion.
If you were caught connecting to someones network, without their permission, you could be charged with trespassing, or other various crimes, even if they don't directly relate to computers.
The analogy used is: "Can you go into someones house because their door is unlocked?".
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